Cases and Notes on Land Law /
These cases, notes and statutes on Canadian Land Law comprise the first comprehensive collection on material from all the common law Provinces and bring together in an orderly fashion material.
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| Format: | Electronic eBook |
| Language: | Inglés |
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[Toronto] :
University of Toronto Press,
1958.
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| Series: | Book collections on Project MUSE.
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| Subjects: | |
| Online Access: | Texto completo |
Table of Contents:
- Cover; PREFACE; TABLE OF CASES; INTRODUCTION; I. HISTORICAL BACKGROUND; 1. The Feudal System; 2. Land Law and Tenure in Canada; II. POSSESSORY ESTATES; 1. Doctrine of Estates; 2. Seisin and Possession; 3. Seisin and Conveyancing; 4. Common Law Consequences; III. ESTATE IN FEE SIMPLE; 1. Characteristics and Mode of Creation; 2. The Rule of "No Remainder after a Fee Simple"; 3. Inheritability of an Estate in Fee Simple; 4. Protection; 5. Defeasible Estates in Fee Simple; IV. THE RISE AND FALL OF THE ESTATE IN FEE TAIL; 1. The Development of the Estate: Alienability and the "Landed" Tradition
- 2. Abolition of the Fee TailV. LIFE ESTATES: HUSBAND AND WIFE; 1. Creation and Types of Life Estates; 2. Husband and Wife: The Common Law; 3. Curtesy; 4. Dower; Dower in Mortgaged Land; Election: Choice of Dower or Other Benefits; Dower in Defeasible Estates; 5. Homestead (Family Home) Legislation; 6. The Deserted Wife's Occupation Interest in the Matrimonial Home; VI. NON-FREEHOLD ESTATES: INTERESTS LESS THAN ESTATES; 1. Non-Freehold Estates; 2. Interests Less Than Estates; 3. Some Problems of Classification; VII. LANDLORD AND TENANT
- 1. Introductory Note: The Lease as Conveyance and Contract2. Leases and Agreements for Leases; Interesse Termini and Possession; Damages on Failure or Inability of Lessor to Give Possession: Liability of Lessor and Holdover Tenant; 3. Assignment and Sublease: Renewal; 4. Use and Enjoyment of Leased Premises; (a) Landlord's Obligations; (b) Tenant's Obligations; Covenants to Repair and Insurance; (c) Fixtures; 5. Rent; (a) The Obligation and Its Enforcement; Percentage Leases; (b) Excuse for Non-Payment; 6. Termination: Creation of New Tenancy on Landlord's Failure to Repossess
- VIII. COMMON LAW FUTURE INTERESTSReverter on Dissolution of a Corporation; Remainders; Equitable Contingent Interests; The Rule in Shelley's Case; IX. EQUITABLE ESTATES AND THE STATUTE OF USES; 1. Uses before the Statute of Uses; 2. Raising a Use; 3. Springing and Shifting Uses; 4. The Statute of Uses; 5. Effect of the Statute of Uses; Future Interests in Chattels; X. CONCURRENT ESTATES; 1. Concurrent Estates at Common Law and in Equity; 2. Statutory Reform; 3. Severance of Joint Tenancies: Some Problems; 4. Incidents of Co-Tenancy; (a) Possession and Accounting between Co-Tenants
- Leases by a Co-Tenant(b) Repairs and Improvements; 5. Partition; 6. Co-Ownership of Personalty; XI. BENEFITS AND BURDENS AS BETWEEN OWNERS OF LIMITED INTERESTS: WASTE; 1. Introductory Note; 2. Benefits and Burdens; Insurance; Emblements; 3. Waste; XII. ENHANCING AND LIMITING THE USE OF LAND: BENEFITS AND BURDENS THROUGH COVENANTS, EASEMENTS AND PROFITS; 1. Introductory Note; 2. Covenants; (a) Validity: Problems of Construction; (b) Running of Covenants: In General; (c) Touching and Concerning: Landlord and Tenant Cases; 3. Restrictive Covenants between Holders in Fee Simple


